2020 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8D. Child Abuse
§61-8D-5a. Verbal Abuse of Noncommunicative Child; Penalties
The amendments made to this section during the 2020 Regular Session of the Legislature shall be known as Adris, Owens, and Emmas Law.
(a) Any person, 18 years of age or older, who has supervisory responsibility over a noncommunicative minor child, who repeatedly engages in verbal conduct toward the child in an insulting, demeaning or threatening manner, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less that $500 nor more that $2,500 or confined in jail not more than six months, or both fined and confined.
(b) As used in section (a) of this section:
(1) Noncommunicative child means a child who, due to physical or developmental disabilities is unable to communicate verbally, in writing, or through a recognized sign language;
(2) Repeatedly means on two or more occasions;
(3) Supervisory responsibility means any situation where an adult has direct supervisory decision-making, oversight, instructive, academic, evaluative, or advisory responsibilities regarding the child. Supervisory responsibility can occur in a residence, in or out of a school setting, institutional setting, and in curricular, co-curricular, or extra-curricular settings.
